1979-HKRS28-16-27_Part03 — Page 11

Checlatation of unauthorized

Defence by

ener etc.

of slip cultying

Lawn Curi

dt.dts.

2

entrants, other than a person who under subsection (2) of that section is excepted from the declaration in such order.

37M. (}}) The Governor in Council may by order declare any class or description of persons, other ban persons who have the right to land in Hong Kong by virtue of section 8(1), to be unauthorized entrants,

(2) A declaration under subsection (!) may be made subject to such exceptions as are specified in the order.

370 (0) Subject to subsection (2), if a ship enters Hong Kong with an unauthorized entrant on board-

(a) each member of the crew;

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(6) the owner of the ship and his agent; and

(c) suny person who participated in making arrange- ments to enable the voyage on which the un- authorized entrant boarded the ship Dr was brought to Hong Kong to take place.

commits an offence and is liable-

(i) on conviction on indictment to a fine of $5 000 000

and to imprisonment for File; and

(ii) on summary conviction to a fine of $100.000 and

to imprisonment for 3 years.

(2) (4) The captain or owner of a ship shall not be convicted of an offence under subaection (1) if he proves that at the time of the entry of the ship into Hong Kong he did not know, had no reason to suspect and could not with reasonable diligence have discovered that there was on board the ship any unauthorized entrant.

(b) A person who is a member of the crew of a ship other than the captain shall not be convicted of an offence under subsection (1) if he proves that priar to the commencement of the voyage on which the pnauthorized entrant was brought to Hong Kong. he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship.

(c) A person accused of an offence under subsec- tion (1)(c) shall not be convicted of such offence if he proves that on the date or dates on which be participated in making any such arrangements as are referred to in that subsection he did nol know and had no

Lo suspect that any unauthorized entrant would be carried on the ship.

reason

(d) A person who is the agent of the owner of a ship shall not be convicted of an offence under sub- section (1) if he proves-

(D) that prior to the commencement of the voyage on which any unauthorized entrant was brought lo Hong Kong, he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship: and

(i) that be informed the Director at the earliest practicable opportunity of the presence on board the ship of unauthorized entrants.

I

Amringina

Hong Kood

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37D. (1) Subject to subsection (2), any person who, on his own behalf or on behalf of any other person, whether al unatbord or not such other person is in Hong Kong-

Porthare of shle

(a) arranges or assists the passage to, or within, Hong

Kong:

(5) offers to arrange or assist the passage to, or within,

Hong Kong: or

(c) does or offers to do an act preparatory to or for the purpose of arranging or assisting the passage to, or within, Hong Kong.

of a person who is, or of a conveyance which carrics, an un- authorized entrant, commits an offence and is liable-

()) da conviction on indictment to a foc of 15 000 000

and to imprisonment for life;

(i) on summary conviction to a fine of $100 000 and

to imprisonment for 3 years.

(2) No person shall be convicted of an offence under subsection (1) if he proves that he did not know, had no reason to suspect and could not with reasonable diligence have discovered-

(d) that the person whose carriage on a conveyance DI whose passage is the subject of the charge, was an unauthorized entrant; or

(b) that the conveyance in relation to which he is charged was carrying, or would carry, any un- authorized entrant,

as the case may be.

(3) In this vection "conveyance" means a ship, aircraft, vehicle or any other means whatsoever of travel or transport.

37E. (1) Where a ship is used in the commission of an offence under section 370 or 37D, the ship shall be liable to forfeiture whether or not any person is convicted of any such offence.

(2)_With_The approval in writing of the Attorney General the Director may seize and detain any ship which appears to him to be liable to forfeiture under subsection (1) and within 21 days of any such seizure the Director shall serve police of the seizure on the owner of the ship:

Provided that where there is more than one owner of

a ship it shall be sufficient for the purposes of this sub- section to give notice to one of the owner.

(3) A notice under subsection (2) shall be deemed to have been duly served on the owner if

(a) it is delivered to him, or to the person whom the

Director believes to be the owner;

(b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director; or

(c) where in the opinion of the Director il is not practicable to serve the notice in accordance with paragraph (2) or (b) it is published in accordance with subsection (4).

(4) Within 21 days of the seizure of any ship which appears to the Director to be liable to forfeiture under